Fired while on worker's comp???

[I'mTheFather]

Actually.....I DID cut it down. Go back and check.

Yes, you did at 11:49, after my last post. I truly regret that I didn't quote the original. It looks like you removed the one example I noted and nothing else.

And I wasnt yelling. Why in the world you would think that I have no idea.

All Caps=Yelling. If you want to emphasize, use the bold button.

I have been around this site for a long.....looooooong time. Although this is my first time leaving the family law section for help. I know how it works. I was merely pointing out that I had not quit. Something I had mentioned numerous times in my original post.
And thats the whole reason I included so much information in my post. Because I know from experienc that the more information you include, the better help you get.

I've been here much longer than you, in one form or another. That's beside the point though. You have a lot of useless information in your post and you refuse to accept the advice to substantially shorten it. For someone who's so experienced on this site, I would expect you to know better.

Good luck to you.

 

[maryjo]

Yes, you did at 11:49, after my last post. I truly regret that I didn't quote the original. It looks like you removed the one example I noted and nothing else.All Caps=Yelling. If you want to emphasize, use the bold button.

I've been here much longer than you, in one form or another. That's beside the point though. You have a lot of useless information in your post and you refuse to accept the advice to substantially shorten it. For someone who's so experienced on this site, I would expect you to know better.

Good luck to you.

My edited post was done before I saw your post. So my guess is I was editing it while you were posting your's. Are you seriously going to harp on this all night? Thanks for all your professional advice.

Oh...and honestly....I removed close to half.

 

[justalayman]

what I see:

you gave a notice. Even in one paragraph you stated they said that during the last week of your notice you would work [some particular place]. That obviously shows they were under the understanding you were still quitting.

Then, when they realized your limitations do not allow you to do much of anything regarding this type of work, they had no choice but to not allow you to work. Since you would not be able to work, most likely, until after your notice to quit had been fulfilled, they simply figured they would pay you for the month and let you go as you requested.

 

[maryjo]

what I see:

you gave a notice. Even in one paragraph you stated they said that during the last week of your notice you would work [some particular place]. That obviously shows they were under the understanding you were still quitting.

Then, when they realized your limitations do not allow you to do much of anything regarding this type of work, they had no choice but to not allow you to work. Since you would not be able to work, most likely, until after your notice to quit had been fulfilled, they simply figured they would pay you for the month and let you go as you requested.

Except that I never put in a notice to quit.

I put in a 4 week notice to go from supervisor to PRN.

Then I changed it from PRN to full time. And that was accepted and I was told I could be full time.

A week or so later I was told that after my notice was up on the 22nd I would be a full time floater and my pay rate would drop on the 23rd. I was told I would probably have to do the job I was going to do after my notice was over during the last week of my notice (instead of working as a supervisor) but I would still be paid as a supervisor that week.

There was never any discussion of me quitting. My notice was not a notice to quit. I was not quitting as of the 22nd. I was only going to be changing positions and pay rates.

 

[maryjo]

what I see:

you gave a notice. Even in one paragraph you stated they said that during the last week of your notice you would work [some particular place]. That obviously shows they were under the understanding you were still quitting.

I was saying the last week of my notice I would be working at another house. The house I would have been working at after the end of my notice. They had already told me I would be going there after my 4 week notice that I had to give as a supervisor. 4 weeks working my notice as a supervisor. Then after that I was going to be "direct care". Thats when I was going to be going to the other houses and my pay would be decreased. Except they told me they needed me the week before at the other house because someone had to go to some training and they needed me to fill in.

 

[maryjo]

Oh...and I had already been working 3 weeks on worker's comp with the same limitations.

 

[justalayman]

Ok, let's get passed all this back and forth stuff:

You can be fired while on WC as long as it is not seen as coercion to cause an employee to not file for WC. You are still considered an employee at will and your employment can be terminated.

440.205 Coercion of employees.—No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law

.

If you believe that is applicable, find yourself an attorney. You get paid through the end of the month and then you don't get anymore money.

You are still eligible for WC benefits as long as they are applicable.

the only other protection you would possibly have is FMLA, if applicable. Do you know the requirements for FMLA to be eligible and are you and the employer eligible?

 

[maryjo]

Ok, let's get passed all this back and forth stuff:

You can be fired while on WC as long as it is not seen as coercion to cause an employee to not file for WC. You are still considered an employee at will and your employment can be terminated.


.

If you believe that is applicable, find yourself an attorney. You get paid through the end of the month and then you don't get anymore money.

You are still eligible for WC benefits as long as they are applicable.

the only other protection you would possibly have is FMLA, if applicable. Do you know the requirements for FMLA to be eligible and are you and the employer eligible?

The agency does have FMLA. It would have made more sense to put me on that if they were actually concerned about me getting hurt. But they let me work for 3 weeks, knowing my limitations, and it wasnt an issue. Someone else who was in the same position I was in, got hurt months ago and was out of work for a long time. She came back, realized she couldnt handle the job responsibilities and they formed an entirely new position for her.

I believe they did this just because I had attempted to find another job. Even though back in February I was told by the executive director "If you dont feel that this agency will help you be the best person that you feel you should be.....we dont want you to go....we will be sad if you left.....but if you need to find another job then thats what you should do."

 

[Zigner]

Except that I never put in a notice to quit.

Bull :

When I turned in my resignation I had asked to go PRN.

 

[maryjo]

Bull :

I turned in my notice to go PRN. It means AS NEEDED. It means I am still an employee. It means they can call me and ask me to pick up shifts and if I want to pick them up I can. I have had MANY PRN employees. I call them constantly. Sometimes they work and sometimes they dont. In fact, two of them were some of my best employees. They all have other jobs. In fact, you can get hired just to be PRN. Its an actual job but you get to control it.

Actually, I was told that if I went to the doctor and got him to lift the limitations that they would let me come back as PRN.

And I changed my notice on June 1st from PRN to full time and it was accepted and I was told I could do a full time position.

And on June 8th I was told I would be a full time floater and I would be making 9 dollars an hour and my pay decrease would begin June 23rd. The day AFTER my notice ended on June 22nd.

 

[Zigner]

I don't think you're keeping your story straight. As you have stated, you resigned.

 

[justalayman]

the issue of you being hurt at work or not due to the duties required does not play into FMLA. It is simply; does it apply or not. The first step after determine FMLA rules apply to you and the company, are the acting against you due to absenteeism. The problem; to attempt to consider this, I would think it would have to be based on an anticipated period of absence. Since they have no work available for you, it may be able to be argued the termination was for an anticipated period of absence.

If CBG or eerelations happens about, they would be able to address this better than I can. I'm simply trying to examine this situation as thoroughly as possible and tossing out ideas.

 

[maryjo]

I don't think you're keeping your story straight. As you have stated, you resigned.

Show me where I said I resigned?

Where I work there is a BIG different in quitting and going PRN. I would never have quit because the guys I worked with, some of them I have been with for 6 years. They were like my family. I had spent more time with them than I had my own son. I put my heart and soul into that job. I was there 50-70 hours a week! I knew that if I quit I wouldnt be able to go back and see them. So I would have never quit. Besides, if I quit I wouldnt have been able to go back to work there ever again. If my new job didnt work out I could have gone back there full time. People go full time or part time, then go PRN, then go back to full shifts repeatedly. One girl that worked for me often was full time with me, then went PRN, then came back and did overnights full time, then went back to PRN.

I never, not once, ever said I was quitting. I said that my 4 week notice as supervisor would end June 22nd and on June 23rd I would be PRN. It was accepted. I then changed it from PRN to full time and that was accepted. I never, ever, put in a notice to resign. I was stepping down, not quitting.

 

[Zigner]

Show me where I said I resigned?

I already did, but her it is again with your statement highlighted:

When I turned in my resignation I had asked to go PRN. As needed. Meaning they could call me if they had a shift open and I could work it if I wanted to. As a supervisor I had to give a 4 week notice which I did. They had filled my position within a few days so when I found out the week after I turned in my notice that I wouldnt be taking those jobs, I asked to change my notice from PRN to full time and was told yes. A few days later, after many people - including my assistant - were begging me to ask for my position back, I did. Frankly I needed the money. But I was sure they wouldnt give it to me because they had filled it....and I was right. That was ok. I expected that.

 

[maryjo]

the issue of you being hurt at work or not due to the duties required does not play into FMLA. It is simply; does it apply or not. The first step after determine FMLA rules apply to you and the company, are the acting against you due to absenteeism. The problem; to attempt to consider this, I would think it would have to be based on an anticipated period of absence. Since they have no work available for you, it may be able to be argued the termination was for an anticipated period of absence.

If CBG or eerelations happens about, they would be able to address this better than I can. I'm simply trying to examine this situation as thoroughly as possible and tossing out ideas.

I havent been out of work. I work there 6-7 days a week. I was never told to take time off due to my injury. I wasnt even taking a day off between going from supervisor to full time floater. I would have still been a supervisor on June 22nd and would have become a full time floater as of June 23rd.